Apple and Pear Export Charges Regulations

Overview

The Apple and Pear Export Charges Regulations 1969 were enacted by the Governor-General in accordance with the authority vested in them by sub-section (1.) of section 4 of the Apple and Pear Export Charges Act 1938-1968. These regulations were introduced to specify the manner of ascertaining the export charges to be levied on apples and pears exported from Australia. The Australian Apple and Pear Board, established under the Apple and Pear Organization Act 1938-1966, recommended these regulations after reporting to the Minister of State for Primary Industry. The policy objective of these regulations is to provide a clear and consistent framework for calculating the export charges on apples and pears, ensuring that the charges are levied fairly and accurately according to the volume of produce in each container.

Scope and Application

The Apple and Pear Export Charges Regulations, made under the Apple and Pear Export Charges Act 1938-1968, apply to all entities or individuals exporting apples and pears from the Commonwealth of Australia. These regulations detail the export charge to be levied on the exported produce, ensuring that the charge is calculated per reputed bushel, or part thereof, of the apples or pears in each container. The maximum charge, as specified in the Act, is five cents for each reputed bushel or part of a bushel. The regulations also define the prescribed officers to whom the export charges must be paid, including the Collectors of Public Moneys and Collectors of Customs in various Australian cities. These regulations do not specify any exclusions or exemptions from the export charges, and they provide a specific charge calculation table for containers holding not more than one and one-quarter bushels. The scope of these regulations is national, affecting all apple and pear exporters across the Commonwealth. The regulations supersede previous versions from 1958 and 1961, ensuring that all previous export charge regulations are updated to the current standards set forth in this legislative instrument.

Key Provisions

The Apple and Pear Export Charges Regulations (sub-regulation 4(1)) establish that a charge of 3.5 cents is to be levied for each reputed bushel, or part of a reputed bushel, of apples or pears exported from the Commonwealth. This charge must not exceed the specified rate. For containers holding up to one and one-quarter bushels, the charge is determined using a specified table, which provides rates for quantities ranging from less than 5/8ths of a bushel to more than 7/8ths of a bushel (sub-regulation 4(2)). This table ensures that the charge is calculated accurately based on the volume of fruit in the container. The regulations impose clear obligations on exporters of apples and pears to ensure that the correct export charge is calculated and paid. Exporters must ascertain the amount of charge due by referring to the specified table when the container holds up to one and one-quarter bushels. For larger quantities, the charge is straightforwardly calculated at 3.5 cents per reputed bushel. Exporters are required to pay the calculated charge to a prescribed officer, which includes the Collectors of Public Moneys in Sydney, Melbourne, and Brisbane, and the Collectors of Customs in South Australia, Western Australia, and Tasmania (sub-regulation 5). Failure to comply with the provisions of the Apple and Pear Export Charges Regulations may result in penalties. Although the specific penalties are not detailed within the regulations themselves, it is implied that non-compliance with the Act and its regulations could lead to enforcement actions. Typically, such actions may include fines or other penalties as prescribed by relevant laws. The precise consequences for non-compliance would be determined by the courts or relevant authorities based on the nature and severity of the breach.